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Senate Judiciary Committee Republicans Have No Excuse for Not Doing Something about White Supremacist Violence

Last I checked, the following Republicans on the Senate Judiciary Committee have criticized white supremacists, violence, and/or Trump’s appeasement of the former in Charlotteville.

Chuck Grassley, Senate Judiciary Committee Chair:

What ” WhiteNatjonalist” are doing in Charlottesville is homegrown terrorism that can’t be tolerated anymore that what Any extremist does

Orrin Hatch, President pro tempore:

We should call evil by its name. My brother didn’t give his life fighting Hitler for Nazi ideas to go unchallenged here at home

Their tiki torches may be fueled by citronella but their ideas are fueled by hate, & have no place in civil society.

Lindsey Graham, Chair of Subcommittee on Crime and Terrorism:

The South Carolina Republican called on Attorney General Jeff Sessions to go to Virginia and “personally handle domestic terrorism investigations” and alleged civil rights abuses by the Ku Klux Klan and neo-Nazis “who took this young woman’s life.”

Graham was referring to Heather Heyer, 32, who was killed when a car ran into a group of counter-protesters Saturday in Charlottesville where white supremacists and neo-Nazis were holding a “Unite the Right” rally. Many more were injured.

Graham additionally proposed the Departments of Justice and Homeland Security form a task force on the threat of white supremacist groups and report back to Congress with potential solutions for cracking down on them.

“This is an opportunity for the Trump administration to come down like a hammer on white supremacists,” Graham said during a news conference in his Columbia office. “And I hope they do.”

John Cornyn, Chair of Subcommittee on Border Security and Immigration and Senate Majority Whip:

No place for the bigotry & hate-filled violence in . These actions should be condemned in the strongest possible terms.

And (update, from August 17):

We’ve all been shocked that the unhealed wounds of the nation’s racial divide flared up in such a surprising and disturbing way,” Cornyn said in a Chronicle interview. “I think the president had an opportunity to send a message that would unite America behind our common resolve to heal those wounds and unite our country, and unfortunately I don’t think he did that.”

Ted Cruz, Chair of Subcommittee on the Constitution, who while Chair of the Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts, had a hearing on the importance of naming Islamic terrorism Islamic terrorism:

It’s tragic and heartbreaking to see hatred and racism once again mar our great Nation with bloodshed. Heidi’s and my prayers are with the loved ones of those killed and injured in the ongoing violence in Charlottesville. The First Amendment protects the rights of all Americans to speak their minds peaceably, but violence, brutality, and murder have no place in a civilized society.

The Nazis, the KKK, and white supremacists are repulsive and evil, and all of us have a moral obligation to speak out against the lies, bigotry, anti-Semitism, and hatred that they propagate. Having watched the horrifying video of the car deliberately crashing into a crowd of protesters, I urge the Department of Justice to immediately investigate and prosecute this grotesque act of domestic terrorism.

These bigots want to tear our country apart, but they will fail. America is far better than this. Our Nation was built on fundamental truths, none more central than the proposition ‘that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.’

But,

“One of the things we’re seeing going on is the media and the Democrats are, to the surprise of no one, demagoguing this issue and using it for political advantage,” Cruz said. “So, in the media’s telling, they want to tar and feather any Republican, any conservative, and paint us all as these crazy racist nutbags.”

Jeff Flake, Chair of Subcommittee Privacy, Technology, and the Law):

We can’t accept excuses for white supremacy & acts of domestic terrorism. We must condemn. Period.

Flake, more generally:

Under our Constitution, there simply are not that many people who are in a position to do something about an executive branch in chaos. As the first branch of government (Article I), the Congress was designed expressly to assert itself at just such moments. It is what we talk about when we talk about “checks and balances.” Too often, we observe the unfolding drama along with the rest of the country, passively, all but saying, “Someone should do something!” without seeming to realize that that someone is us. And so, that unnerving silence in the face of an erratic executive branch is an abdication, and those in positions of leadership bear particular responsibility.

Ben Sasse, Chair of Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts:

“I refuse to accept that mankind is tragically bound to the starless midnight of racism… Unconditional love will have the final word” -MLK

“My dream is of a place and a time where America will once again be seen as the last best hope of earth.” -Abraham Lincoln

“We hold these truths to be self-evident, that ALL men are created equal, that they are endowed, by their Creator with…unalienable Rights”

These people are utterly revolting–and have no understanding of America. This creedal nation explicitly rejects “blood & soil” nationalism.

John Kennedy:

Violence and hatred are never the answer.

There are 20 members of the Senate Judiciary Committee, 11 Republicans and 9 Democrats. Of the Republicans, eight have made statements at least condemning the violence in Charlottesville, even if Cornyn and Kennedy, among others, are obviously issuing empty condemnations.

If even two of the Republicans who’ve made statements condemning the right wing violence in Charlottesville are serious — or more specifically serious about actions that DOJ must take, as in comments that both Lindsey and Cruz made — then they’ve got the numbers to make it happen.

They’ve got the numbers to force DOJ to refund the Life After Hate program, which white supremacist Seb Gorka’s wife Katherine defunded. They’ve got the numbers to ask Jefferson Beauregard Sessions whether his DOJ will treat this act of terrorism as terrorism. They’ve got the numbers to ask whether FBI ignored warnings of surging white supremacism.

Republicans often complain that there’s nothing they can do about their unmanageable President. This is one case where that’s patently false.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Why We Should Remain Skeptical of the Five (!!) Congressional Investigations into the Russian Hack

I was interviewed (on Thursday) about the Flynn resignation and larger investigation into the Russia hack for Saturday’s On the Media. In what made the edit, I made one error (which I’ll explain later), but a key point I made holds. The leaking about Flynn and other Russian events are hypocritical and out of control. But they may create pressure to fix two problems with the current investigations into the Russian hack: the role of Jeff Sessions overseeing the DOJ-led investigations, and the role of Trump advisory officials Devin Nunes and Richard Burr overseeing the most appropriate congressional investigations.

In this post I’ll look at the latter conflicts. In a follow-up I’ll look at what the FBI seems to be doing.

As I noted in the interview, contrary to what you might think from squawking Democrats, there are five congressional investigations pertaining to Russian hacks, though some will likely end up focusing on prospective review of Russian hacking (for comparison, there were seven congressional Benghazi investigations). They are:

  • Senate Intelligence Committee: After months of Richard Burr — who served on Trump’s campaign national security advisory council — saying an inquiry was not necessary and going so far as insisting any inquiry wouldn’t review the dossier leaked on Trump, SSCI finally agreed to do an inquiry on January 13. Jim Comey briefed that inquiry last Friday, February 17.
  • House Intelligence Committee: In December, James Clapper refused to brief the House Intelligence Committee on the latest intelligence concluding Russian hacked the DNC with the goal of electing Trump, noting that HPSCI had been briefed all along (as was clear from some of the leaks, which clearly came from HPSCI insiders). In January, they started their own investigation of the hack, having already started fighting about documents by late January. While Ranking Democratic Member Adam Schiff has long been among the most vocal people complaining about the treatment of the hack, Devin Nunes was not only a Trump transition official, but made some absolutely ridiculous complaints after Mike Flynn’s side of some conversations got legally collected in a counterintelligence wiretap. Nunes has since promised to investigate the leaks that led to Flynn’s forced resignation.
  • Senate Armed Services Committee: In early January, John McCain announced he’d form a new subcommittee on cybersecurity, with the understanding it would include the Russian hack in its focus. Although he originally said Lindsey Graham would lead that committee, within weeks (and after Richard Burr finally capitulated and agreed to do a SSCI inquiry), McCain instead announced Mike Rounds would lead it.
  • Senate Foreign Relations Committee: In December, Bob Corker announced the SFRC would conduct an inquiry, scheduled to start in January. At a hearing in February, the topic came up multiple times, and both Corker and Ben Cardin reiterated their plans to conduct such an inquiry.
  • Senate Judiciary Subcommittee on Crime and Terrorism: After Graham was denied control of the SASC panel, he and Sheldon Whitehouse announced they’d conduct their own inquiry, including a prospective review of “the American intelligence community’s assessment that Russia did take an active interest and play a role in the recent American elections.”

All the while, some Senators — McCain, Graham, Chuck Schumer, and Jack Reed — have called for a Select Committee to conduct the investigation, though in true McCainesque fashion, the maverick has at times flip-flopped on his support of such an inquiry.

Also, while not an investigation, on February 9, Jerry Nadler issued what I consider (strictly as it relates to the Russian hack, not the other conflicts) an ill-advised resolution of inquiry calling for the Administration to release materials relating to the hack, among other materials. Democrats in both the House and Senate have introduced legislation calling for an independent commission, but have gotten no support even from the mavericky Republicans.

As you can see from these descriptions, it took pressure from other committees, especially Lindsey Graham getting control of one of the inquiries, before Richard Burr let himself be convinced by SSCI Vice Chair Mark Warner to conduct an inquiry. Thus far, Mitch McConnell has staved off any Select Committee. As soon as SSCI did claim to be launching an investigation, a bunch of Republicans tried to shut down the others, claiming it was all simply too confusing.

Let me be clear: as I noted in the OTM interview, the intelligence committees are the appropriate place to conduct this investigation, as it concerns really sensitive counterintelligence matters — people who could be witnesses to it are getting killed! — and an ongoing investigation. The only way to conduct a responsible inquiry is to do so in secret, and unless a select committee with clearance is formed, that means doing so in the dysfunctional intelligence committees.

That’s made worse by Nunes and Burr’s obvious conflicts, having served on Trump’s pre-inauguration advisory teams (at a time when Mike Flynn was chatting about ongoing sanctions with Russia), and their equally obvious disinterest in conducting the investigation. Remember that the intelligence committees successfully bolloxed up the independent investigation into Iran-Contra. While neither Nunes nor Burr is as smart as Dick Cheney, who had a key role in that intentional bolloxing, Democrats should be cognizant of the ways that such bolloxing has happened in the past.

And now that SSCI has finally started its inquiry, Ali Watkins published an uncharacteristically credulous report on Burr’s role in the investigation, slathering on the colorful vocabulary — “brutally yanked;” “underground cohort;” “dark shadow of Langley;” “Wearily, they’re trudging forward on a probe littered with potential political landmines;” — before portraying the allegedly difficult position Burr is in:

That he’s now in charge of the sweeping Russia inquiry puts the North Carolina Republican in between a rock and a hard place. Since taking over the helm of the intelligence committee, Burr has pressed for more active and aggressive oversight, and has kept a rigorous travel schedule to match. But his decisive reelection victory in November came at a cost — throughout the contentious race, Burr towed Trump’s line, and hasn’t yet directly criticized the White House publicly.

But Burr has shown no indication that he’s ever angled for a Trump administration job, and says he’s not running for re-election. How seriously he takes his obligation to carry his president’s water remains to be seen.

Burr has been slammed by colleagues in recent days, who fear he’s slow-rolling an investigation into a fast-moving story. But much of the inquiry’s slow start was due to bureaucratic wrangling — some intelligence agencies insisted products be viewed on site rather than sent to the Hill, and some of the intelligence was so tightly controlled that it was unclear if staffers could even view it.

This is just spin. There is abundant public record that Burr has thwarted oversight generally (he has said things supporting that stance throughout his history on both the Senate and House Intelligence Committee, even ignoring his role in covering up torture, and Watkins’ earlier incorrect claims about Burr’s open hearings remain only partly corrected). There is no mention in this article that Burr was on Trump’s national security advisory committee. Nor that SSCI had reason to do hearings about this hack well before January 2017, back when it might have made a difference — at precisely the time when Burr apparently had time to advise Trump about national security issues as a candidate. Plus, it ignores all the things laid out here, Burr’s continued equivocation about whether there should even be a hearing.

There is no reason to believe Burr or Nunes intend to have a truly rigorous investigation (bizarrely, Warner seems to have had more success pushing the issue than Schiff — or Dianne Feinstein when she was Vice Chair — though that may be because the Ranking position is stronger in the Senate than in the House). And history tells us we should be wary that their investigations will be counterproductive.

As I noted, on Friday — the Friday before a recess — Jim Comey briefed the SSCI on the Russian hack. That briefing was unusual for the date (regular SSCI meetings happen on Tuesday and Thursday, and little business of any kinds happens right before a recess). Reporters have interpreted that, along with the presumed silence about the content of the briefing, as a sign that things are serious. That may be true — or it may be that that was the only time a 3-hour briefing could be scheduled. In the wake of the briefing, it was reported that the SSCI sent broad preservation requests tied to the inquiry (that is, they sent the request long after the inquiry was started). And while the press has assumed no one is talking, the day after the briefing, Reuters reported outlines of at least three parts of the FBI investigation into the Russian hack, attributed to former and current government officials.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

The Not-Majority Leader Promises Bipartisan Investigations in Russian Cyberhackery

Chuck Schumer, Lindsey Graham, John McCain, and Jack Reed released a statement this morning, stating (in part),

While protecting classified material, we have an obligation to inform the public about the recent cyberattacks that have cut to the heart of our free society. Democrats and Republicans must work together, and across the jurisdictional lines of Congress, to examine these recent thoroughly and devise comprehensive solutions to deter and defend against further cyberattacks.

If you don’t look too closely, it appears to be a mature promise that the Senate will work in nonpartisan fashion to defend the nation.

But let’s look closely, shall we?

First, note who is on the statement: the rising Minority Leader, the Chair and Ranking Member of the Senate Armed Services Committee, and … some other guy. Lindsey Graham here is just filling in for the guy who should be on the statement if this were really bipartisan, Mitch McConnell. Furthermore, while it’s great the leaders of the SASC agree on this front, they only have partial jurisdiction over NSA, and none over FBI or CIA, the agencies having a public spat over this. Richard Burr, whose committee does have jurisdiction over the CIA and over counterintelligence (and who often avoids doing any oversight by invoking classification), is also conspicuously absent.

In other words, it’s not so much a statement of bipartisanship, as an effort to pressure those who should be on the statement to join in.

It’s also not a statement with enough GOP signers — three is the new magic number, absent Trump convincing Joe Manchin or Heidi Heitkamp to give up their seat for a cabinet post, in which case it will be four — to be able to sway votes in the Senate.

The statement suggests Congress has been working hard to protect cybersecurity. They must be doing so in secret, because the main thing they’ve done recently is pass a law immunizing corporations for sharing information.

Ah well. It’s a start. Schumer is very effective at making bold statements, and if that puts some heat on Mitch McConnell, so be it.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Unpacking the New CIA Leak: Don’t Ignore the Aluminum Tube Footnote

This post will unpack the leak from the CIA published in the WaPo tonight.

Before I start with the substance of the story, consider this background. First, if Trump comes into office on the current trajectory, the US will let Russia help Bashar al-Assad stay in power, thwarting a 4-year effort on the part of the Saudis to remove him from power. It will also restructure the hierarchy of horrible human rights abusing allies the US has, with the Saudis losing out to other human rights abusers, potentially up to and including that other petrostate, Russia. It will also install a ton of people with ties to the US oil industry in the cabinet, meaning the US will effectively subsidize oil production in this country, which will have the perhaps inadvertent result of ensuring the US remains oil-independent even though the market can’t justify fracking right now.

The CIA is institutionally quite close with the Saudis right now, and has been in charge of their covert war against Assad.

This story came 24 days after the White House released an anonymous statement asserting, among other things, “the Federal government did not observe any increased level of malicious cyber activity aimed at disrupting our electoral process on election day,” suggesting that the Russians may have been deterred.

This story was leaked within hours of the time the White House announced it was calling for an all-intelligence community review of the Russia intelligence, offered without much detail. Indeed, this story was leaked and published as an update to that story.

Which is to say, the CIA and/or people in Congress (this story seems primarily to come from Democratic Senators) leaked this, apparently in response to President Obama’s not terribly urgent call to have all intelligence agencies weigh in on the subject of Russian influence, after weeks of Democrats pressuring him to release more information. It was designed to both make the White House-ordered review more urgent and influence the outcome.

So here’s what that story says.

In September, the spooks briefed “congressional leaders” (which for a variety of reasons I wildarseguess is either a Gang of Four briefing including Paul Ryan, Nancy Pelosi, Mitch McConnell, and Harry Reid or a briefing to SSCI plus McConnell, Reid, Jack Reed, and John McCain). Apparently, the substance of the briefing was that Russia’s intent in hacking Democratic entities was not to increase distrust of institutions, but instead to elect Trump.

The CIA has concluded in a secret assessment that Russia intervened in the 2016 election to help Donald Trump win the presidency, rather than just to undermine confidence in the U.S. electoral system, according to officials briefed on the matter.

The difference between this story and other public assessments is that it seems to identify the people — who sound like people with ties to the Russian government but not necessarily part of it — who funneled documents from Russia’s GRU to Wikileaks.

Intelligence agencies have identified individuals with connections to the Russian government who provided WikiLeaks with thousands of hacked emails from the Democratic National Committee and others, including Hillary Clinton’s campaign chairman, according to U.S. officials. Those officials described the individuals as actors known to the intelligence community and part of a wider Russian operation to boost Trump and hurt Clinton’s chances.

[snip]

[I]ntelligence agencies do not have specific intelligence showing officials in the Kremlin “directing” the identified individuals to pass the Democratic emails to WikiLeaks, a second senior U.S. official said. Those actors, according to the official, were “one step” removed from the Russian government, rather than government employees.

This is the part that has always been missing in the past: how the documents got from GRU, which hacked the DNC and John Podesta, to Wikileaks, which released them. It appears that CIA now thinks they know the answer: some people one step removed from the Russian government, funneling the documents from GRU hackers (presumably) to Wikileaks to be leaked, with the intent of electing Trump.

Not everyone buys this story. Mitch McConnell doesn’t buy the intelligence.

In September, during a secret briefing for congressional leaders, Senate Republican Leader Mitch McConnell (Ky.) voiced doubts about the veracity of the intelligence, according to officials present.

That’s one doubt raised about CIA’s claim — though like you all, I assume Mitch McConnell shouldn’t be trusted on this front.

But McConnell wasn’t the only one. One source for this story — which sounds like someone like Harry Reid or Dianne Feinstein — claimed that this CIA judgment is the “consensus” view of all the intelligence agencies, a term of art.

“It is the assessment of the intelligence community that Russia’s goal here was to favor one candidate over the other, to help Trump get elected,” said a senior U.S. official briefed on an intelligence presentation made to U.S. senators. “That’s the consensus view.”

Except that in a briefing this week (which may have been what impressed John McCain and Lindsey Graham to do their own investigation), that’s not what this represented.

The CIA shared its latest assessment with key senators in a closed-door briefing on Capitol Hill last week, in which agency officials cited a growing body of intelligence from multiple sources. Agency briefers told the senators it was now “quite clear” that electing Trump was Russia’s goal, according to the officials, who spoke on the condition of anonymity to discuss intelligence matters.

The CIA presentation to senators about Russia’s intentions fell short of a formal U.S. assessment produced by all 17 intelligence agencies. A senior U.S. official said there were minor disagreements among intelligence officials about the agency’s assessment, in part because some questions remain unanswered. [my emphasis]

That’s a conflict. Some senior US official (often code for senior member of Congress) says this is the consensus view. Another senior US official (or maybe the very same one) says there are “minor disagreements.”

Remember: we went to war against Iraq, which turned out to have no WMD, in part because no one read the “minor disagreements” from a few agencies about some aluminum tubes. A number of Senators who didn’t read that footnote closely (and at least one that did) are involved in this story. What we’re being told is there are some aluminum tube type disagreements.

Let’s hear about those disagreements this time, shall we?

Here’s the big takeaway. The language “a formal US assessment produced by all 17 intelligence agencies” is, like “a consensus view,” a term of art. It’s an opportunity for agencies which may have differing theories of what happened here to submit their footnotes.

That may be what Obama called for today: the formal assessment from all agencies (though admittedly, the White House purposely left the scope and intent of it vague).

Whatever that review is intended to be, what happened as soon as Obama announced it is that the CIA and/or Democratic Senators started leaking their conclusion. That’s what this story is.

Update: One other really critical detail. When the White House announced the Obama review today, Wikileaks made what was a bizarre statement. Linking to a CNN story on the Obama ordered review that erred on the side of blaming Russia for everything, it said, “CNN: Obama orders report into WikiLeaks timed for release just prior to Trump presidency.” Even though none of the statements on the review focused on what this story does — that is, on the way that the DNC and Podesta emails got to Wikileaks — Wikileaks nevertheless interpreted it as an inquiry targeted at it.

Update: And now David Sanger (whose story on the Obama-ordered review was particularly bad) and Scott Shane reveal the RNC also got hacked, and it is the differential leaking that leads the spooks to believe the Russians wanted Trump to win.

They based that conclusion, in part, on another finding — which they say was also reached with high confidence — that the Russians hacked the Republican National Committee’s computer systems in addition to their attacks on Democratic organizations, but did not release whatever information they gleaned from the Republican networks.

In the months before the election, it was largely documents from Democratic Party systems that were leaked to the public.

This may be a fair assessment. But you would have to account for two things before making it. First, you’d need to know the timing and hacker behind the RNC hack. That’s because two entities are believed to have hacked the DNC: an FSB appearing hacking group, and a GRU one. The FSB is not believed to have leaked. GRU is believed to have. So if the FSB hacked the RNC but didn’t leak it, it would be completely consistent with what FSB did with DNC.

NYT now says the RNC hack was by GRU in the spring, so it is a fair question why the DNC things got leaked but RNC did not.

Also, Sanger and Shane say “largely documents” from Dems were leaked. That’s false. There were two streams of non-Wikileaks releases, Guccifer, which did leak all-Dem stuff, and DC Leaks, which leaked stuff that might be better qualified as Ukrainian related. The most publicized of documents from the latter were from Colin Powell, which didn’t help Trump at all.

Update: It’s clear that Harry Reid (who of course is retiring and so can leak speech and debate protected classified information without worrying he’ll be shut off in the future) is one key driver of this story. Last night he was saying, “”I was right. Comey was wrong. I hope he can look in the mirror and see what he did to this country.” This morning he is on the TV saying he believes Comey had information on this before the election.

Update, 12/10: This follow-up from WaPo is instructive, as it compares what CIA briefed the Senate Intelligence Committee about the current state of evidence with what FBI briefed the House Intelligence Committee about the current state of evidence. While the focus is on different Republican and Democratic understandings of both, the story also makes it clear that FBI definitely doesn’t back what WaPo’s sources from yesterday said was a consensus view.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Day Six: Our First Purge

The big news from the Trump transition this morning is that Mike Rogers — who had joined Trump as an advisor on national security close to the end of the campaign — has been ousted.

Former House Intelligence Committee Chairman Mike Rogers left President-elect Donald Trump’s transition team, days after Trump’s surprise victory and a shakeup at the top of the team’s organizational chart.

Rogers’ abrupt departure came at the request of team officials, said two people familiar with the matter. The Michigan Republican, who’d also worked for the FBI, had been tapped to help guide the new administration on national security issues.

Several people have already referred to this move as a purge of people associated with Christie. Others have even called it Stalinesque. That suggests Trump demoted Christie last week not because he was perceived as tainted by the Bridgegate scandal, but because of some sense of distrust. I’m also interested in the focus — in stories on this — on Rogers’ FBI background — it has been more than 20 years since Rogers worked at FBI, and there have always been lurking questions about the circumstances of his departure. I wonder whether there wasn’t a concern about Rogers’ loyalty.

Meanwhile, Neocon godfather Eliot Cohen — who led a lot of the Never Trump opposition — has officially given up on reaching out to the Trump’s team.

After exchange w Trump transition team, changed my recommendation: stay away. They’re angry, arrogant, screaming “you LOST!” Will be ugly.

I consider all this a good sign.

Not a good sign that our country will soon be led by someone who can’t even work with the leading lights of his nominal party. But a good sign that Trump is so aggressively retaliating against Republicans.

A woman from Iran did a tweetstorm the other night describing what it’s like to live in a (religious) dictatorship. Read the whole thing. But the key point is that power in dictatorships depends on picking off minorities and those who protect them. The rest of the society remains disciplined out of fear that they will be added to the select group of minorities used to justify power.

Trump will likely (try to) get there, especially with Steve Bannon installed in his White House. Trump has already promised to increase on Obama’s already sky high number of deportations of Latinos. His Contract on to America includes several promises targeted at (Latino and Arab) immigrants.

★ THIRD, cancel all federal funding to sanctuary cities.
★ FOURTH, begin removing the more than two millioncriminal illegal immigrants from the country and cancelvisas to foreign countries that won’t take them back.
★ FIFTH, suspend immigration from terror-prone regionswhere vetting cannot safely occur. All vetting of peoplecoming into our country will be considered “extreme vetting.”

[snip]

End Illegal Immigration Act
Fully-funds the construction of a wall on our souther nborder with the full understanding that the country of Mexico will be reimbursing the United States for the full cost of such wall; establishes a two-year mandatory minimum federal prison sentence for illegally re-entering the U.S. after a previous deportation, and a five-year mandatory minimum federal prison sentence for illegally re-entering for those with felony convictions, multiple misdemeanor convictions or two or more prior deportations; also reforms visa rules to enhance penalties for overstaying and to ensure open jobs are offered to American workers first.

And it includes one that I suspect will be used to target Black Lives Matter and similar opposition groups.

Restoring Community Safety Act

Reduces surging crime, drugs and violence by creating a task force on violent crime and increasing funding for programs that train and assist local police; increases resources for federal law enforcement agencies and federal prosecutors to dismantle criminal gangs and put violent offenders behind bars.

So we should expect Trump to move towards targeting African Americans, Latinos, and Muslims. We should be prepared to protect people from these marginalized groups. More importantly, we should try, as much as possible, to prevent them from becoming a minority.

Hillary Clinton won the popular majority on Tuesday. There are plenty more people — such as the African Americans and Latinos that didn’t turn out to vote for Hillary, or Republicans who voted against Trump but not for Hillary — who are also in that majority. A majority of this country does not subscribe to Trump’s divisiveness. So long as we keep that majority together, it will be very hard for Trump’s scapegoating to work.

And rather than turn to his key scapegoats right away, Trump has instead turned against disloyal groups: Lindsey Graham, who opposed Trump because of his attacks on Muslims but who also happens to be closeted; Harry Reid, who has called him out aggressively but is also a Mormon, a faith that very aggressively opposed Trump; now other Republicans, including Neocons, perceived as disloyal. He has, effectively, widened and reinforced the majority that opposes him.

I have less than no time for Mike Rogers. Ditto, Lindsey Graham. But by targeting his own, first, Trump makes it more likely this country can stay together to defend far more vulnerable potential targets.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

After We Help the Saudis Commit More War Crimes We’re Going to Mars!

mars-globe-valles-marineris-enhanced-br2This afternoon, the Senate had a debate on Chris Murphy and Rand Paul’s resolution to halt the sale of $1.5 billion in arms to the Saudis to use on their invasion of Yemen.

The debate was repulsive.

The opponents of the measure — led by Mitch McConnell, John McCain, and Lindsey Graham — had little to say about the well-being of Yemenis.

Lindsey even shrugged off both Saudi support for terrorism.

[shrugs] They have double dealing in the past of helping terrorist organizations.

And Saudi bombing of civilians.

They have dropped bombs on civilians. There’s no way to wage war without [shrugs again] mistakes being made.

But we had to help the Saudis kill Yemeni civilians, Lindsey argued, because Iran humiliated American sailors who entered Iranian waters, purportedly because of navigation errors.

That argument — one which expressed no interest in the well-being of Yemenis but instead pitched this as a battle for hegemony in the Middle East — held the day. By a vote of 71-27, the Senate voted to table the resolution.

If your Senators voted against tabling this amendment, please call to thank them:

Baldwin (D-WI)
Blumenthal (D-CT)
Booker (D-NJ)
Boxer (D-CA)
Cantwell (D-WA)
Durbin (D-IL)
Franken (D-MN)
Gillibrand (D-NY)
Heinrich (D-NM)
Heller (R-NV)
Hirono (D-HI)
Kirk (R-IL)
Klobuchar (D-MN)
Leahy (D-VT)
Lee (R-UT)
Markey (D-MA)
Murphy (D-CT)
Murray (D-WA)
Paul (R-KY)
Reid (D-NV)
Sanders (I-VT)
Schatz (D-HI)
Stabenow (D-MI)
Tester (D-MT)
Udall (D-NM)
Warren (D-MA)
Wyden (D-OR)

The creepiest thing, however, came just after the vote. Bill Nelson (D-Mission to Space) got up, not just to do a victory lap that the US would continue to support Saudi war crimes. But he also announced a resolution passed earlier, which funds NASA to send humans to Mars by 2030, with an eye to colonizing the red planet.

It was as if he was saying that proliferating arms and war crimes on this globe won’t matter so much because we can just go colonize another.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Shuttle Diplomats Are Better Than Shuttle War Mongers

Can you tell the difference between diplomats and war mongers?

Top: shuttle diplomats Ahtisaari, Annan and Zedillo. Bottom: shuttle war mongers Barrasso, Graham and McCain.

Today’s Washington Post carries a story that is quite unlike their usual coverage that tends to tilt toward violence answering most problems. In the story is a striking photo of former UN Secretary-General Kofi Annan, former President of Finland Martti Ahtisaari and former President of Mexico Ernesto Zedillo. Annan, Ahtisaari and Zedillo are traveling as a contingent of The Elders (Mehr News states that Desmond Tutu also traveled with the group), a group founded by the late Nelson Mandela, and are visiting Tehran. When I saw the photo and read the story, I couldn’t help noting the striking contrast between this group of elder statesmen who are traveling the globe to promote peace and diplomacy while the US is saddled with elected representatives who
travel the globe to promote war. The “Three Amigos” of Lindsey Graham, John McCain and Joe Lieberman made too many trips to count, always doing their best to promote America’s forever wars and to advocate spreading them to more countries. With Lieberman’s retirement from the Senate, the latest trip for hypocrisy tourists McCain and Graham had John Barrasso sitting in the third position as they went to Kabul to lobby for indefinite detention without charges and for Karzai to sign the Bilateral Security Agreement so that US troops can remain in Afghanistan after the end of this year.

The Post describes the Tehran trip:

Members of the Elders, a group of former statesman and high-profile peace mediators promoted by the late Nelson Mandela, are visiting Tehran to push for compromises on disagreements between Iran and world powers.

“We must rebuild trust and mutual respect in the region, which is not easy and requires patience,” former United Nations secretary general Kofi Annan said Monday. Annan, a member of the delegation, made the remarks at the Iranian Foreign Ministry.

The lofty purpose of the three-day visit is to “encourage and advance the new spirit of openness and dialogue between Iran and the international community, and to explore what could be done to enhance cooperation on regional issues,” according to a statement issued by the Elders ahead of their arrival in Tehran.

In a press release Monday, after the first day of the visit, Annan had this to say:

As President Rouhani said to the UN General Assembly in September, that alongside widespread fears in the world today, and I quote:

“There are new hopes; the hope of universal acceptance by the people and the elite all across the globe of ‘yes to peace and no to war’; and the hope of preference of dialogue over conflict and moderation over extremism.”

We believe there has been a number of recent positive developments, most importantly the interim nuclear agreement, signed in Geneva last November. These efforts now need to be sustained to achieve final agreement.

In this regard, we must rebuild trust and mutual respect in the region and further afield. This is not an easy task. It will need patience and perseverance.

Contrast that diplomacy with this Lindsey Graham quote found in the New York Times coverage of the trip to Kabul and in reference to Afghanistan releasing prisoners who have been cleared by the review board at Parwarn Prison:

“If these releases go ahead, it will do irreparable damage to the relationship,” said Senator Lindsey Graham, Republican of South Carolina. “There will be a backlash in the U.S. Congress.”

Graham only knows war and retribution, this time in the form of cutting off aid.

The world benefits greatly when shuttle diplomats are allowed to ply their trade to promote peace. If the shuttle war mongers are ignored, real progress is likely to ensue.

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

Lindsey Graham and John McCain: Hypocrisy Tourists in Kabul

Today’s New York Times dutifully bleats to us that Afghan President Hamid Karzai has been “warned” over his plan to release 88 prisoners from the Detention Facility in Parwan over the objections of the US. The warning:

“If these releases go ahead, it will do irreparable damage to the relationship,” said Senator Lindsey Graham, Republican of South Carolina. “There will be a backlash in the U.S. Congress.”

Those doing the warning were hypocrisy tourists Lindsey Graham and John McCain. Missing their third amigo, Joe Lieberman, the duo settled for stand-in John Barrasso to join them on the trip. It appears, however, that Barrasso opted out of the opportunity to open his mouth, as he is not quoted in the Times piece and doesn’t appear in the video interview ToloNews conducted while they were in Kabul:

[youtuber youtube=’http://www.youtube.com/watch?v=B92u6yqwwOY’]

The hypocrisy emanating from [Linsey, as he is identified in the ToloNews video] Graham and McCain is staggering. Back in December of 2011, Graham led the charge to put remarkably strong rights protection for the Parwan prisoners into the NDAA, as Marcy noted, but Obama then proceeded to gut that language with his signing statement.

The entire issue of the prison at Parwan and the “independence” of Afghanistan to make its own decisions on the fate of prisoners put into the facility by US forces has been a point of contention for years and has seen significant deception on the part of the US. For example, in September of 2012, the US pretended, as they had several times before, to hand over “complete” control of the prison to Afghans, but still claimed to have veto power over the release of any prisoners. The US pretended again in March, 2013 to do the handover of the prison.

The current controversy again seems to come down to whether this veto power still exists and to the underlying wish of the US for Afghanistan to practice indefinite detention without charges, which Afghanistan has resisted instituting.

The relevant section 1024 of the NDAA calls for review of Afghan prisoner status:

But the NDAA wasn’t all bad when it comes to U.S. military detention policy. In fact, section 1024 of the law, spearheaded by Senators John McCain and Lindsey Graham, provides detainees held indefinitely in Afghanistan with the right to a military defense lawyer and a neutral military judge to evaluate whether their detention is lawful and necessary. The provision was not particularly controversial and garnered little media attention; Congress apparently understood that for the U.S. to maintain any legitimacy while imprisoning some 3,000 Afghans in their own country it has to provide them basic rights to defend themselves.

As Marcy noted, though, Obama’s signing statement sought to undercut that authority for an Afghan review. Graham and McCain, on their hypocrisy tour, appear to be agitating for the US veto power that Afghanistan never seems to have agreed to. From the ToloNews article accompanying the video: Read more

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

Is Lindsey Graham the Weakest Politician in the United States?

Apparently with the blessing of Supreme Leader Ayatollah Ali Khamenei, Iranian President Hassan Rouhani is taking huge and significant steps toward a thawing of relations with the West while also moving to lessen the grip of hard line positions within Iran.

Rouhani and US President Barack Obama have been exchanging letters that seem to have paved the way for further discussions and improved negotiations on the issue of Iranian nuclear technology. Iran released a number of political prisoners on Wednesday. Iran also appears headed toward another round of P5+1 talks, with the date to be arranged while diplomats are in New York next week for Rouhani to address the UN. The diplomatic push reached a high point on Wednesday when Rouhani sat down in Tehran for an interview with NBC’s Ann Curry:

[youtuber youtube=’http://www.youtube.com/watch?v=DefgX2xPJR4′]

The entire interview in this clip is compelling, but I want to emphasize one bit that occurs near the end once the discussion moved to Syria. From the NBC blog post where the interview video is posted:

Asked whether he thought Obama looked weak when he backed off the air-strike threat, Rouhani replied, “We consider war a weakness.  Any government or administration that decides to wage a war, we consider a weakness.  And any government that decides on peace, we look on it with respect to peace.”

What a different viewpoint than we see inside the DC beltway. Throughout the entire Syria episode, we have been bombarded with the refrain that Obama simply had to attack Syria because if he didn’t, he would lose his credibility and look weak. Rouhani, on the other hand, states that it is resorting to war that is the real weakness.

If going to war is the real weakness, then it appears that Lindsey Graham may want to be the weakest politician in the US:

Sen. Lindsey Graham (R-S.C.) said Tuesday he’s working on legislation that would give the president the green light to attack Iran if negotiations over the country’s alleged nuclear weapons program stall.

Graham is clearly approaching the issue from a very different side than Rouhani.

Who’s weak now, Lindsey?

Rouhani and Khamenei are taking steps to tell the “weaker” elements on their side to STFU:

On Monday, the new president said the Revolutionary Guards — who report to Khamenei and have been accused of backing hard-liners — should stay out of politics. The next day, Khamenei was quoted on state TV as saying, “It is not necessary for the Guards to have activities in the political field.”

If only Lindsey would show a little bit of strength and bite his tongue while diplomacy has its best chance in years.

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

Why is Obama Changing the Date and Size of First CIA Death Squads to Enter Syria?

There is a very interesting point thrown in as a small tidbit in Monday’s New York Times story on Barack Obama securing the support of John McCain for a military strike on Syria:

Officials said that in the same conversation, which included Senator Lindsey Graham, the South Carolina Republican, Mr. Obama indicated that a covert effort by the United States to arm and train Syrian rebels was beginning to yield results: the first 50-man cell of fighters, who have been trained by the C.I.A., was beginning to sneak into Syria.

Taken at face value, this version of the story would have us believe that the first group of 50 trained by the CIA was presumably still in the process of “sneaking” into Syria on Monday. But the timeline of US training for these fighters is much more complex than that. Some foul-mouthed blogger noted back in May that this training program had already been underway for some time and the LA Times caught up with her in June, disclosing that the program began at least as far back as November 2012 on US bases in Jordan and Turkey.

The LA Times article details that the training is carried out by both special operations troops and CIA personnel. That would put this program squarely within the US tradition of training and releasing death squads that seem to be as adept at killing innocent civilians as they are at killing military targets. We have seen details of their operation in Iraq and Afghanistan under David Petraeus’ vaunted COIN program. There is no information in the LA Times article regarding the death squads entering Syria at that time. Reading between the lines of the article suggests that the squads were in a holding pattern at that point, awaiting better weapons from the US.

In direct contradiction to Obama’s Monday statement to McCain and Graham on the timing of the entry of the first US-trained death squads into Syria, we have this report from the Jerusalem Post that quotes a story first reported in Le Figaro:

The first group of 300 handpicked Free Syrian Army soldiers crossed the border on August 17 into the Deraa region, and a second group was deployed on August 19, the paper reported.

The paper quoted a researcher at the French Institute for Strategic Analysis as saying the trained rebels group was passing through Ghouta, on their way to Damascus.

Okay, now this gets interesting. Obama claimed only the first group of 50 were entering, while Le Figaro claimed there were two groups, with the first one being 300 and the second one not specified by size. Further, note the dates and location: they entered on August 17 and 19 and they passed through Ghouta. The large number of deaths from a suspected chemical warfare agent occurred on August 21 in Ghouta. In fact, the second paragraph of the Jerusalem Post article notes:

Le Figaro reported that this is the reason behind the Assad regime’s alleged chemical weapons attack in Damascus on Wednesday morning, as UN inspectors were allowed into the country to investigate allegations of WMD use.

Were these first groups of CIA-trained death squad members the target of the attack? Or could it be even worse than that? Vladimir Putin had some very interesting things to say in a wide-ranging interview today, but this bit stands out in relation to the death squad story:

“If it is determined that these rebels used weapons of mass destruction, what will the United States do with the rebels?” Mr. Putin asked. “What will the sponsors of the rebels do? Stop the supply of arms? Will they start fighting against the rebels?”

Whether they were the targets of an attack by Assad’s forces or whether they were the agents carrying out a false flag attack, US-trained death squads could well be at the center of the disputed use of chemical weapons. That would seem to be both a strong incentive and a huge tell for Obama to change both the date and the size of the entry of the first of these agents trained by the US. After all, even while reporting Obama’s leak to McCain and Graham on Monday, the New York Times noted that the training program is covert.

Except that it’s not just the US training them. Going back to the Jerusalem Post article:

The rebels were trained for several months in a training camp on the Jordanian-Syrian border by CIA operatives, as well as Jordanian and Israeli commandos, the paper said.

Oh my. That’s quite the international faculty for this training program. What new wonders await us as more graduates of the program pour into Syria?

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.